HomeMy WebLinkAboutPCReso03-20 PA02-007 Dublin Theatre Co. CUP/SDR
RESOLUTION NO. 03-20
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING P A 02-007 DUBLIN THEATRE COMPANY
CONDITIONAL USE PERMIT/SITE DEVELOPMENT REVIEW REQUEST
TO CONSTRUCT AN OUTDOOR STORAGE AREA
AT 6620 DUBLIN BLVD
WHEREAS, on October 28, 1998, the Zoning Administrator approved a Conditional Use Permit (PA 98-
054) to allow the establishment of Dublin Theatre Company, an Indoor Recreational Facility, within a C-2
General Commercial Zoning District, located at 6620 Dublin Boulevard; and
WHEREAS, on March 23, 1999, the Planning Commission approved a Conditional Use Permit (PA 98-
072) to amend the hours and scale of operation of Dublin Theatre Company; and
WHEREAS, on March 11,2003, the Planning Commission approved a Conditional Use Permit (PA 02-
007) to expand Dublin Theatre Company's existing operations to include a dance studio, Aspire!, at 6614 Dublin
Boulevard; and
WHEREAS, the Applicant, Rick Robinson, Jr. of Dublin Theatre Company has requested approval of a
Conditional Use Permit/Site Development Review to construct an outdoor storage area to the rear of the existing
Dublin Theatre Company located at 6620 Dublin Boulevard; and
WHEREAS, Dublin Theatre Company currently provides acting, singing, dance, and technical theatre
courses and performances for children, teenagers and adults; and
WHEREAS, the outdoor storage area would be used for the storage of materials associateò with
theatrical performances, such as stage props; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and
City environmental regulations require that certain projects be reviewed for environmental impact and that
environmental documents be prepared; and
WHEREAS, this project has been found to be Exempt from the California Environmental Quality Act
(CEQA), according to Section 15061(b)(3) because, it can be seen with certainty that there is no possibility that
the project may have an impact on the environment and because, the proposed project would be located on a
currently developed site within an existing retail/office complex and because, there are no foreseeable traffic
impacts; and
WHEREAS the Planning Commission held a properly noticed public hearing on said application on
April 22, 2003; and
WHEREAS, the Staff Report was submitted recommending denial of a Conditional Use Permit/Site
Development Review for an outdoor storage area at 6620 Dublin Blvd; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony hereinabove set forth and used their independent judgment to determine that the project could be
approved with the inclusion of certain conditions of approval.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby
make the following findings and determinations regarding said request for a Conditional Use Permit to construct
an outdoor storage area at 6620 Dublin Boulevard:
A. The proposed use is compatible with other land uses, transportation and service facilities in the vicinitv
because the proposed use will be located in an area designated for general commercial uses in Dublin. -
B. The proposed use will not adversely affect the health or safety of persons residing or working in the
vicinity, and will not be detrimental to the public health, safety and welfare because all City of Dublin and
Alameda County regulations and conditions will be met.
e. The proposed use will not be injurious to property or improvements in the neighborhood, as the
construction of the outdoor storage enclosure will meet all applicable codes and safe ingress and egress to
the site is being provided. Additionally, conditions of project approval have been incorporated into this
resolution which will reduce any project-related impacts which may impact the public health, safety and
general welfare to a level of insignificance.
D. There are adequate provisions for public access, water, sanitation, and public utilities and services to
ensure that the proposed use and related structures would not be detrimental to the public health, safety,
and welfare.
E The subject site is physically suitable for the type, density and intensity of the use and related structures
being proposed as the use and outdoor storage enclosure meet the regulations of the Zoning District and
the General Plan land use designations for the property.
F. The proposed use is not contrary to the specific intent clauses, development regulations, and performance
standards established for the C-2 zoning district, which is intended to provide for the continued use,
expansion, and new development of general commercial use types along major transportation corridors
and intersections. Conditions of approval will ensure ongoing compatibility with adjacent commercial
uses.
G. The proposed use is consistent with the Dublin General Plan and the Dublin Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby
make the following findings and determinations regarding said request for Site Development Review to construct
an outdoor storage area at 6620 Dublin Boulevard:
A. Approval of this application is consistent with the purpose and intent of this Chapter because the
proposed Equipment and Materials Storage Yard use is permitted within the C-2, General Commercial
Zoning District subject to the approval of a Conditional Use Permit.
B. The project is consistent with Retail/Office & Automotive designation of the General Plan and the C-2,
General Commercial Zoning District.
C. The approval will not adversely affect the health or safety of persons residing or working in the vicinity,
or be detrimental to the public health, safety and general welfare because conditions of project approval
have been incorporated into this resolution which will reduce any project-related impacts which may
impact the public health, safety and general welfare to a level of insignificance.
D. The approved site development, including site layout, structures, setbacks, height, public safety and
similar elements, has been designed to provide a desirable environment for the development.
E. The subject site is physically suitable for the type and intensity of the approved development because the
area is graded flat and located to the rear ofthe shopping center.
f. Impacts to views are addressed because the project does not interrupt any views from 1-580 and 1-680.
G. Impacts to existing slopes and topographic features are addressed as the site is virtually flat.
H. Architectural considerations, including the character, scale and quality of the design, the architectural
relationship with the site and other buildings, building materials and colors, screening of exterior
appurtenances, exterior lighting, and similar elements have been incorporated into the project and as
conditions of approval in order to insure compatibility of this development with the development's design
concept or theme and the character of adjacent buildings, neighborhoods, and uses.
I. Landscape considerations, including the location, type, size, color, texture and coverage of plant
materials, provisions and similar elements will be considered to ensure visual relief and an attractive
environment for the public. The Conditions of Approval for this project require the preparation of a Final
Landscape Plan subject to approval by the City's Consulting Landscape Architect and the Planning
Manager.
2
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA
02-007 Dublin Theatre Company Conditional Use Permit/Site Development Review request to construct an
outdoor storage area at 6620 Dublin Boulevard, subject to the following Conditions of Approval. This approval
shall be generally depicted on the plans prepared by Velocitel Architecture and Engineering Division, labe]ed
Attachment 1 to the Staff Report, consisting of seven (7) sheets, dated received February 24, 2003, stamped
approved, and on file with the Dublin Planning Department, subject to compliance with the following conditions
of approval:
CONDITIONS OF APPROVAL
Unless otherwise stated, all Conditions of Approval shall be complied with prior to the use of the outdoor storage
area and shall be subject to Planning Department review and approval. The following codes represent those
departments/agencies responsible for monitoring compliance with the Conditions of Approval: [PL] Planning, [B]
Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks
and Community Services, [F) Alameda County Fire Dept., [DSRSD] Dublin San Ramon Services District, [CO]
Alameda County Flood Control and Water Conservation District Zone 7.
Conditional Use Permit
NO.
1.
Approval: Equipment and Materials Storage Yard
This Conditional Use Permit approval for PA 02-007 allows a 673
square foot Equipment and Materials Storage Yard to the rear of the
existing Dublin Theatre Company tenant space at 6620 Dublin
Boulevard and further identified as a ortion of APN 941-0205-036.
Approval: Conditional Use Permit (CUP)
Approved use shall commence within one (1) year of CUP approval,
or the CUP shall lapse and become null and void. The approval
period may be extended for six (6) additional months by submitting a
written request for extension to the Planning Manager prior to the
expiration date. Any extension will be based on a determination that
the conditions of approval remain adequate to assure that the stated
findings of approval will continue to be met. Commencement of use
means the actual use pursuant to the permit approval, or,
demonstrating substantial progress toward commencing such use. If
there is a dispute as to whether the Permit has expired, the City may
hold a noticed public hearing to determine the matter. Such a
determination may be processed concurrently with revocation
proceedings in appropriate circumstances. If a CUP expires, a new
application must be made and processed according to the
re uirements of the Dublin Zonin Ordinance.
Continued Use: Conditional Use Permit
This Conditional Use Permit approval shall become null and void in
the event that Dublin Theatre Company no longer occupies the tenant
space at 6620 Dublin Boulevard or the approved use ceases to be
utilized for a one-year period. In either circumstance, continued use
of the outdoor storage area and associated enclosure shall be
requested through application of a new Conditional Use Permit to be
reviewed b the Planning Commission.
Annual Review: Conditional Use Permit
On an annual basis, this Conditional Use Permit approval shall be
subject to review by the Planning Manager to determine compliance
with the Conditions of A roval.
PL
One year from
date of
approval
Zoning
Ordinance
2.
PL
On-going
Zoning
Ordinance
3.
PL
On-going
Zoning
Ordinance
4.
3
5
Revocation: Conditional Use Permit
This permit shall be revocable for cause in accordance with Dublin
Zoning Ordinance Section 8.96.020.1, Revocation. Any violation of
the terms and conditions of this permit may be subject to the issuance
of a citation.
PL,PO
On-going
Zoning
Ordinance
6.
Hours of Operation
The approved hours of operation are subject to the operation of
Dublin Theatre Company under P A 98-072 which are as follows:
Monday - Friday, 8am-lOpm; Saturday 8am-6pm, and Sunday Ipm-
8pm. The Applicant shall be responsible for ensuring that any and all
activities associated with the outdoor storage area are controlled in a
manner that minimizes the im acts on surroundin businesses.
Easements: Terms and Conditions
The Applicant shall abide by the terms and conditions of all easement
holders which have given authorization for the construction of an
Equipment and Materials Storage Yard within their respective
easements. Furthermore, the Applicant shall provide a letter from the
Property Owner stating that he/she will be responsible for removing
any structure or materials stored or built within the utility easements,
if and when, a utility provider needs access to the area. Should a
utility provider alter, remove, or damage any portion of the
Equipment and Materials Storage Yard or associated landscaping to
gain access to their easement, the Applicant and/or Property Owner
shall be responsible for wholly restoring the site to the condition
approved under this Conditional Use Permit/Site Development
Review a roval.
PL
7.
Site Development Review
On-going
PA 98-072
PL,PW
On-going
This Site Development Review approval for P A 02-007 establishes the architecture, design concepts, site layout
and development standards for the project. Development pursuant to this Site Development Review generally
shall conform to the approved plans prepared by Velocitel Architecture and Engineering Division, labeled
Attachment I to the Staff Report, consisting of seven (7) sheets, dated received February 24, 2003, and other
related documents available on file in the Department of Community Development. Any departure from the plans
approved by the Planning Commission shall be reviewed for conformance to the original plans by the Planning
Manager. Substantial changes to the plans shall be subject to additional review and approval by the Planning
Commission.
GEN"JtßA}.iCONJUTJQNSOF APP:R.QVALFQRSITE·:QEVELQPMENTREVIEW
8. Approval: Site Development Review PL
Approval of the Site Development Review is valid for one (I) year,
until April 22, 2004. If construction has not commenced by that
time, this approval shall be null and void. The approval period may
be extended for six (6) additional months by submitting a written
request for extension to the Planning Manager prior to the expiration
date. Any extension will be based on a determination that the
conditions of approval remain adequate to assure that the stated
findin s of a roval will continue to be met.
Standard Condition of Approval: All Departments
The Applicant shall comply with all applicable Dublin Public Works
Department, Dublin Building Department, Dublin Planning
Department and Dublin Police Services requirements and standard
conditions.
NO.
CONDITION TEXT
9.
4
One year from
date of
approval
Zoning
Ordinance
PW, B, PL,
PO
Prior to final
inspection
Standard
NO.
10.
Standard Condition of Approval: Fees
Applicant shall pay all applicable fees in effect at the time of
building permit issuance, including, but not limited to, Planning fees
and Buildina fees.
Standard Condition of Approval: Building Codes and
Ordinances/Fire Codes and Ordinances
All project construction shall confonn to all building codes and
ordinances, and fire codes and ordinances in effect at the time of the
issuance ofthe buildin ermit.
Standard Condition of Approval: Ordinances
Applicant shall comply with the Ci of Dublin Munici al Code.
Annual Review: Site Development Review
On an annual basis, this Site Development Review approval shall be
subject to review by the Planning Manager to detennine compliance
with the Conditions of A roval.
Standard Condition of Approval: Building Permits
To apply for building pennits, Applicant shall submit three (3) sets
of construction plans to the Building Department for plan check.
Each set of plans shall have attached an annotated copy of these
Conditions of Approval. The notations shall clearly indicate how all
Conditions of Approval will or have been complied with.
Construction plans will not be accepted without annotated
resolutions attached to each set of lans.
Litter-Free Site
The Applicant/Property Owner shall be responsible for clean up and
dis osal of roO ect related trash to maintain a clean, litter-free site.
Issuance of
Building
Penn its
Standard
Standard
Standard
Zoning
Ordinance
11.
B,F
Through
project
completion
12.
PL
On-going
13.
PL
On-going
14.
B
Issuance of
Building
Pennits
15.
PL
On-going
16.
Submission of Landscape Plans
The conceptual landscape plans as included in the project plans
dated received February 24, 2003 shall be modified to remove the
proposed shrubs and replace with ground cover. A Final Landscape
and Irrigation Plan conforming to the requirements of Section
8.72.030 of the Zoning Ordinance (unless otherwise required by this
Resolution) shall be submitted for review and approval by the
Planning Manager and the City's Consulting Landscape Architect.
The Final Landscape and Irrigation Plan shall be consistent with the
site layout as approved through the Site Development Review
process. The Final Landscape and Irrigation Plan shall be prepared
by a licensed Landscape Architect. The plans shall be drawn at I
inch = 20 feet or larger and shall be submitted along with a cost
estimate of the work and materials ro osed.
Replacement and Planting of Pear Trees
The Applicant shall replace any tree removed from the site in order
to accommodate the approved outdoor storage area. In addition, the
Applicant shall plant two additional Pear Trees, outside of the
storage area enclosure, consistently placed along the rear of the
tenant space at 6620 Dublin Boulevard. The location and spacing of
these trees shall be included in the Final Landscape Plans noted
above.
Maintenance
The approved outdoor storage area enclosure, and approved
landscaping and irrigation shall be maintained on a continual basis
to the satisfaction of the Plannin Mana er.
PL
Issuance of
Building
Penn its
17.
PL
Issuance of
Building
Pennits
18.
PL
On-going
5
19.
Standard Condition of Approval: Construction Trashillebris
Measures shall be taken to contain all construction related trash,
debris, and materials on-site until disposal off-site can be arranged.
The Applicant shall keep the adjoining public streets and properties
free and clean of project dirt, mud, and materials during the
construction period. The Applicant shall be responsible for
corrective measures at no ex ense to the Cit of Dublin.
On-going
during
construction
20.
PO
21.
Standard Condition of Approval: Non-Residential Security
Ordinance
The applicant shall comply with all applicable City of Dublin Non-
Residential Security Ordinance re uirements.
Standard Condition of Approval: Graffiti
The appJicant shall keep the site clear of graffiti vandalism on a
regular and continuous basis at all times. Graffiti resistant materials
should be used.
Standard Condition of Approval: Emergency Response Card
A "Business Site Emergency Response Card" shall be filed with the
Police Department prior to starting the project. Current information
shall be maintained until the com letion of the ro' ect.
Outdoor Storage Area: Motion Sensor Lighting
The outdoor storage area enclosure shall be constructed to enhance
security and restrict unwanted entry. This shall include the
installation of motion sensor lighting. Motion sensor lighting shall
be maintained in an 0 erable condition at all times.
Outdoor Storage Area: Security Hardware
The outdoor storage area enclosure shall have security hardware on
the enclosure gate to restrict unwanted entry. Security hardware
shall be protected to prevent unauthorized activation from outside of
the enclosure.
Outdoor Storage Area: Trees
Any tree located adjacent to the storage area shall be trimmed and
maintained to revent it from bein used to scale the enclosure.
22.
'")~
~.,.
24.
25.
PASSED, APPROVED AND ADOPTED this 22nd day of April, 2003.
AYES:
Cm. Nassar, Machtmes, and King
NOES:
Cm. Jennings
ABSENT:
Cm. Fasulkey
lJz~
ATTEST:
\~_.
---\ ,.. ..
/'l
Plánning Manager
,
6
PO
PO
PO
PO
PO
PO
Prior to final
inspection
On-going
Prior to
Issuance of
Building
Permits
Prior to final
inspection and
On-going
Prior to final
inspection and
On-going
Prior to final
inspection and
On-go in
PO
PO
PO
PO
PO